SanctionRail Terms of Service

1. Service Description and Scope

SanctionRail is a software tool that compares names submitted by the customer against U.S. Treasury Office of Foreign Assets Control (OFAC) sanctions data using fuzzy-matching algorithms and returns ranked candidate matches with confidence scores. The data comprises the OFAC Specially Designated Nationals (SDN) list and the OFAC consolidated (non-SDN) sanctions lists, sourced from treasury.gov and refreshed on a daily cycle. SanctionRail screens ONLY against those U.S. OFAC lists. It does NOT screen against European Union, United Nations, United Kingdom (HM Treasury / OFSI), Canadian (OSFI), or other non-U.S. sanctions regimes, nor against politically-exposed-person, adverse-media, or other watchlists. Hudson Enterprises LLC is a software publisher and is not a financial institution, money-services business, regulated sanctions-screening provider, law firm, or compliance advisor; it provides no regulated, fiduciary, legal, or compliance-advisory service.

2. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SANCTIONRAIL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT SCREENING RESULTS ARE COMPLETE, ACCURATE, CURRENT, OR ERROR-FREE; THAT ANY PARTICULAR NAME WILL OR WILL NOT BE MATCHED; THAT ALL SANCTIONED PARTIES WILL BE IDENTIFIED; OR THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE. FUZZY MATCHING INHERENTLY PRODUCES BOTH FALSE POSITIVES AND FALSE NEGATIVES. THE COMPANY DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONTENT, COMPLETENESS, OR TIMING OF THE UNDERLYING OFAC DATA PUBLISHED BY THE U.S. TREASURY.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the foregoing exclusions may not apply to you, and nothing in these Terms affects any non-waivable statutory rights that apply to you.

3. Customer Responsibility; No Reliance

SanctionRail is ONE INPUT to the customer's own sanctions-compliance program and is NOT a substitute for that program. The customer acknowledges and agrees that:

1. the customer must NOT use SanctionRail as its sole or final sanctions-screening control;
2. the customer is solely responsible for designing, implementing, and maintaining a compliance program appropriate to its regulatory obligations;
3. the customer is solely responsible for independently reviewing, verifying, and acting on all results, including making all blocking, rejection, holding, and reporting determinations;
4. compliance with OFAC and all applicable sanctions, AML, and other laws is and remains the customer's sole responsibility; and
5. the customer assumes all risk arising from its use of, or reliance on, SanctionRail and its results.

The customer will not represent to any third party, regulator, or auditor that use of SanctionRail by itself satisfies any legal or regulatory screening obligation.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY REGULATORY FINES OR PENALTIES, ENFORCEMENT ACTIONS, LOST PROFITS, LOST REVENUES, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE CUSTOMER'S USE OF (OR INABILITY TO USE, OR RELIANCE ON) SANCTIONRAIL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY.

THE COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100), OR (b) THE FEES THE CUSTOMER PAID THE COMPANY (OR ITS MERCHANT OF RECORD) FOR SANCTIONRAIL IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES THE COMPANY'S LIABILITY FOR: (a) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE; (b) FRAUD OR FRAUDULENT MISREPRESENTATION; (c) WILFUL MISCONDUCT OR GROSS NEGLIGENCE; OR (d) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

5. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Indiana, United States of America, without regard to its conflict-of-laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising under or related to these Terms will be resolved exclusively in the state or federal courts located in Marion County, Indiana, and the parties consent to the personal jurisdiction of those courts and waive any objection to venue or inconvenient forum.

Where the customer is a consumer and mandatory consumer-protection laws of the customer's country of habitual residence afford rights that cannot be derogated by agreement, those mandatory rights prevail over this Section to the extent of any conflict.

The prevailing party in any action arising under these Terms is entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by applicable law.

6. Modifications

The Company may modify these Terms from time to time. The Company will post the modified Terms at https://hudsonenterprisesllc.com/legal/sanctionrail-terms (or its successor URL) and update the version number and effective date. For material modifications, the Company will provide reasonable advance notice by email to the address you have on file with the Company or its merchant of record, or by in-product notice. Your continued use of the SanctionRail API after the effective date of a modification constitutes your acceptance of the modified Terms. If you do not agree to the modification, your sole remedy is to stop using the API and, if within any applicable refund period, request a refund.

7. Notices

Notices to the Company must be sent to support@hudsonenterprisesllc.com or to the Company's registered office set out in Section 12. Notices to you may be sent to the email address you provided at subscription or activation. Notices are deemed given on the date sent (for email) or three business days after dispatch (for postal mail).

8. Assignment

You may not assign or transfer these Terms or your subscription without the Company's prior written consent. The Company may assign these Terms, in whole or in part, in connection with a merger, acquisition, sale of substantially all of its assets, or corporate reorganization, on notice to you.

9. Severability and Waiver

If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed; and the remaining provisions will continue in full force and effect. No failure or delay by the Company in exercising any right under these Terms constitutes a waiver of that right.

10. Force Majeure

The Company will not be liable for any failure or delay in performance caused by events outside its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, power or network outages, or acts of governmental authority.

11. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the SanctionRail API and supersede all prior or contemporaneous understandings, communications, and agreements, whether written or oral, regarding their subject matter. Billing and payment for the API are handled by the Company's merchant of record under that party's own terms; nothing in those terms supplies or replaces the Company's disclaimers, warranty exclusions, or limitations of liability set out above.

12. Contact

For subscription, support, and legal notices: